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1. ORC outline conditions for surface water takes [pdf, 176 KB]

   ...person certifying that the flow restrictor or other means has been installed and will ensure the rate of abstraction does not exceed the limit authorised by Condition x of this consent. Advice Note X: Water Testing for Drinking Water Use It is the responsibility of the consent holder to ensure that the water abstracted under this resource consent is of suitable quality for its intended use. Where water is to be used for human consumption, the consent holder should have the water teste...

2. [2020] NZREADT 24 - Schroder (16 June 2020) [pdf, 163 KB]

   ...not obliged to make the payment. She submitted that Mr Schroder was aware that he was crossing a line by making the request and that by leaving the possibility of payment in the hands of the vendor, he was attempting to absolve himself of responsibility as to whether the payment was made or not. [19] Mr Schroder accepted that his conduct in emailing the vendor was reckless, unprofessional, and irrational. He submitted that it was completely out of character, brought about b...

3. Alloa v Ullapool LCRO 159/09 (22 June 2010) [pdf, 162 KB]

   ...contending that he was not at liberty to disregard those instructions. He further submitted that in any event pursuing a barely tenable legal claim against a defendant could not of itself constitute a breach of Rule 2.3. However, lawyers have a responsibility, first as officers of the court and then as professional advisors to their clients, to ensure that legal processes are employed in a proper manner and for proper purposes. Acting on a client’s instructions is not a complet...

4. [2019] NZEmpC 44 Clarke v GEA Processing Engineering Ltd [pdf, 245 KB]

   ...for acceptance for two days following the filing of the discontinuance. In the circumstances, the defendant seeks the sum of $2,000 in respect of preparing and filing its memorandum on costs. The plaintiffs’ submissions on costs [19] In response to the submissions of the defendant, counsel for the plaintiffs submits that the just outcome on costs is that they should lie where they fall. The grounds upon which this is submitted are that the plaintiffs’ companies are a famil...

5. DJ v Dua [2019] NZIACDT 22 (18 April 2019) [pdf, 128 KB]

   ...the wasted expenditure. Furthermore, Mr Dua is bankrupt. [42] While I am sympathetic to Ms DJ’s plight, it is somewhat unfair to blame Mr Dua for her predicament. He wasted her money by filing the graduate work visa application, but is not responsible for its failure. It was doomed from the start. It failed because 6 Immigration Advisers Licensing Act 2007, s 15(1)(a). 10 she did not have (and presumably could not get) a job re...

6. Eru v Skipper - Awanui Haparapara (2019) 211 Waiariki MB 103 (211 WAR 103) [pdf, 290 KB]

   ...However, he argued that partial termination was the first step to the applicants obtaining shares in their own right and that the process of obtaining consent to build and be granted an occupation order was to follow. The action was taken in response to the trustees’ statement that “due process should be followed”. Mr Rika argued that, even if the applicants had followed the process the 211 Waiariki MB 109 respondents prescribed, the respondents would not have appro...

7. [2020] NZEnvC 200 Wilkins v Southland Regional Council [pdf, 381 KB]

   ...advantage. Indeed, the shear complexity of the conditions alone mean they (and the consent holder) will likely be(come) frustrated. Given this, we do not approve them. [36] Wilkins withdrew its support for conditions 39-44 at the end of the evidence in response to the court's questioning of the witnesses. [37] By way of a second example,43 despite the requirements for management plan conditions being well known within the resource management community, and in addition the court...

8. Trustpower – EiC – N I Foran (5 Feb 2021) [pdf, 2 MB]

   ...(2010). I am a full member of the New Zealand Planning Institute and have over 16 years’ experience in the field of environmental and resource management. 3.2 I have been employed by Trustpower since 2013. In my position at Trustpower I am responsible for, amongst other things, reviewing and contributing to resource management regulatory processes which may enhance or impact on Trustpower’s existing, consented or prospective electricity generation assets and associated infras...

9. [2021] NZEmpC 6 Bowen v Bank of New Zealand [pdf, 251 KB]

   ...purpose of BNZ obtaining legal advice from its lawyer. As a result, BNZ claims that the conversation is protected by legal privilege and that it has not taken any steps to waive this privilege. Is the issue now moot? [11] Ms Bowen’s primary response to the claim of privilege is that, because the references to the alleged privileged communication have been removed in her amended affidavit, there is no live issue before the Court. She cites a number of authorities which hold tha...

10. [2020] NZIACDT 29 - Immigration New Zealand (Carley) v Penty (6 July 2020) [pdf, 119 KB]

    ...immigration industry. [20] It is noted by Ms Penty that all of the applications had been made within her first year of practice and the majority within the first six months. She had been a provisional licence holder only, with her supervisor being responsible for overseeing her work. [21] Furthermore, all of the clients involved had been successful and she notes that no complaint to the Authority had been made by any of them. 5 [22] Ms Penty contends that the arrangement...